Compensation for delayed flights Discussion Area

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  • strawberries1
    strawberries1 Posts: 866 Forumite
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    I received my cheque of £528 yesterday.
  • JPears
    JPears Posts: 5,086 Forumite
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    Well done strawberries. :)
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  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    strawberries1 wrote: »
    I received my cheque of £528 yesterday.

    A good result :beer:
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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  • strawberries1
    strawberries1 Posts: 866 Forumite
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    It's thanks to the people of this forum who urge one to file!
  • JPears
    JPears Posts: 5,086 Forumite
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    Possibly contraversial musings, but a lot of airlines routinely refuse to compensate passengers that have a valid claim.
    The passenger then succeeds in gaining the compensation due either through ADR (rarely it would seem) or understandably, having handed their case over to a NWNF such as Botts.
    Is there a case to be made where such a circumstance has occurred ie initial refusal, to be later proved wrong and forced to pay a perfectly valid claim, that said airline should pay the considerable additional costs of having to use a company like Botts?
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  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    edited 26 March 2018 at 6:05PM
    JPears wrote: »
    Possibly contraversial musings, but a lot of airlines routinely refuse to compensate passengers that have a valid claim.
    The passenger then succeeds in gaining the compensation due either through ADR (rarely it would seem) or understandably, having handed their case over to a NWNF such as Botts.
    Is there a case to be made where such a circumstance has occurred ie initial refusal, to be later proved wrong and forced to pay a perfectly valid claim, that said airline should pay the considerable additional costs of having to use a company like Botts?
    JPears wrote: »
    Possibly contraversial musings
    ??

    You controversial JP - Never! ;)


    Hmmm, happened a few years ago with my case! Im not the only one...

    Although times have changed now, and I personally wouldnt hesitate taking a difficult case to a NWNF Solicitor, but since Huzar and Allen then the generic (the plane has suffered a manufacturing defect) does appear to be less of a problem on here. Theres still work to achieve, bird strikes and knock on weather, so I dont think we can retire just yet.

    Its only since my recent predicament that Ive returned to continue the fight .. and just when I thought it was all over!
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

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  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
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    There is provision in the CPRs which allows the Court to award costs, even in small claims cases, where the opposing party has behaved unreasonably. Simply fighting a case and losing isn't enough. By way of example the "hub" airline courts such as Liverpool and Luton are now giving a standard direction that the airlines must give details of any other claims arising out of the same flight. The idea is that the claims could be heard together.
    It could be argued that if an airline contested a claim arising out of a flight for which they had either lost the case to other passengers or had voluntarily paid out, this might be unreasonable conduct, justifying a costs order.
  • shapala
    shapala Posts: 616 Forumite
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    Hi guys.

    I don't think I've got a case but would like to ask for your assistance anyway.

    A few weeks ago I was due to fly with EJ from Edi to Munich. Sadly, due to the terrible weather here, I couldn't get to the airport. I couldn't even get a taxi or public transport as we were basically cut off due to the snow where we're located. Despite all EJ flights being cancelled the previous couple days, it was just my luck that the flight I was due to fly on did infact fly.

    Since I couldn't get to the airport, I booked a flight a few days later with a different airline and did manage to get to the airport and that flight went without a hitch.

    Do I have a case or not as I guess it's everyone's own responsibility to get to the airport and nothing to do with airline if you don't or can't turn up for whatever reason?
  • NoviceAngel
    NoviceAngel Posts: 2,271 Forumite
    shapala wrote: »
    Hi guys.

    I don't think I've got a case but would like to ask for your assistance anyway.

    ...........

    Do I have a case or not as I guess it's everyone's own responsibility to get to the airport and nothing to do with airline if you don't or can't turn up for whatever reason?

    This is a straightforward one to deal with, you do not have a case for flight delay compensation under EC261/2004. Your flight was not delayed or cancelled. As you say you did not turn up at the airport...

    BUT, you certainly should have a case for missed departure under your travel insurance. Please tell us you had that ?

    Cheers,

    NoviceAngel
    After reading PtL Vaubans Guide , please don't desert us, hang around and help others!

    Hi, we’ve had to remove part of your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • shapala
    shapala Posts: 616 Forumite
    First Anniversary Name Dropper First Post
    NoviceAngel wrote: »
    This is a straightforward one to deal with, you do not have a case for flight delay compensation under EC261/2004. Your flight was not delayed or cancelled. As you say you did not turn up at the airport...

    BUT, you certainly should have a case for missed departure under your travel insurance. Please tell us you had that ?

    Cheers,

    NoviceAngel

    Oh yes, I always buy travel insurance since I'm diabetic type 1 so best to be safe. Never actually made a claim for anything before so this is new to me. I'll contact my insurer and see if I get anywhere. Thanks for the reply :)
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